Docket – September 20, 2018

U.S. District Court – Western District

Ray v. Roane, WDVA at Harrisonburg (Dillon).

The court dismissed a Fourth Amendment claim based on a deputy sheriff shooting and killing the plaintiff’s dog, which he claimed was approaching him and barking. Shooting the dog was a reasonable seizure under the circumstances, and the officer was entitled to qualified immunity in any event. Denying the defendant’s motion for sanctions, the court nevertheless warned:

“[T]he court cautions plaintiff’s counsel, as it has in other cases, that the type of inflammatory language used in the complaint here will not be tolerated in this court…. [L]anguage contained in paragraph 3 (describing Roane’s driving approach “like a bat out of hell, screeching to a halt”); paragraph 5 (“drunk and emboldened with power”), paragraph 1 (“blowing his brains out execution style”), and paragraphs 4, 39, 40 (“execution-style”), at a minimum, would fall within the type of inflammatory characterizations not appropriate for a federal complaint.”

Virginia Circuit Courts

Rinker v. Oakton Condo. Unit Owners Ass’n, Fairfax Cir. (Oblon).

A condominium owner who sues her unit owners’ association for damage to her unit need not join all her fellow unit owners as necessary defendants. Here, the plaintiff alleges that her condo has become uninhabitable due to mold and sues her owners’ association for nuisance, trespass, negligence, and violation of the Virginia Condominium Act. Plea in bar overruled.

Categories: Daily Dockets

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